By registering for the LabX Extreme Event Facilitator Certification Program (“FCP”) provided by the National Academy of Sciences (NAS), you are agreeing to the terms and conditions of this Agreement (“Agreement”). This Agreement is addition to the LabX: Extreme Event game materials you will be subject to for access to and use of the Extreme Event Game Materials. In addition, because the FCP is offered through the LearnWorlds website, the LearnWorlds Terms of Use and Privacy Policy will also apply to you. Please read this Agreement carefully before registering for the FCP.

The parties referred to in Agreement shall be defined as follows:

I) National Academy of Sciences (“NAS”), us, we: NAS, as the creator, operator, and publisher of the FCP, is responsible for providing the FCP publicly. NAS, us, we, our, ours and other first-person pronouns will refer to the NAS, as well as, if applicable, all employees and affiliates of the NAS.

II) You, the user, the participant: You, as the participant in the FCP and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.

III) Parties: Collectively, the parties to this Agreement (NAS and You) will be referred to as Parties.

ASSENT & ACCEPTANCE:

By participating in the FCP, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the FCP immediately. If you do so after purchase, you will not be entitled to any refund. NAS only agrees to provide the FCP to you if you assent to this Agreement.

AGE RESTRICTION:

You must be at least 18 (eighteen) years of age to participate in the FCP or access any Services contained herein. By participating in the FCP, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. NAS assumes no responsibility or liability for any misrepresentation of your age.

LICENSE TO & ACCESS FCP MATERIALS:

We may provide you with certain information as a result of your accessing of the FCP through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the FCP ("Course Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Course Materials solely in connection with your participation in the FCP. The Course Materials may not be used for any other purpose. Course Materials remain available to you after you complete the course, provided you maintain your LearnWorlds registration account. Notwithstanding the above, NAS reserves its right to revoke the license provided here in if NAS terminates your participation or removes the Course Materials.

Separate from the Course Materials, you have the same rights as any member of the public to download and use the Extreme Event Game Materials in accordance with the license applicable to the Game Materials.

FCP TERMS:

After registering for the FCP, you must complete the FCP within six months of your registration date.

At the completion of the FCP, you will receive a certificate evidencing your participation in, and completion of, the FCP. You may use this certificate solely to indicate that you satisfactorily completed the FCP. You may not use the certification in any way that states or implies NAS’ endorsement of you or your services.

The FCP and any of its accompanying Course Materials may not be shared with any party. If we suspect that the FCP or Course Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the FCP, in our sole and exclusive discretion.

INTELLECTUAL PROPERTY:

You agree that the FCP, the Course Materials, and the Game Materials are all the property of the NAS, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("NAS IP"). You agree that the NAS owns all right, title and interest in and to the NAS IP and that you will sue the NAS IP only as consistent with the terms applicable to the respective NAS IP and will not use the NAS IP for any unlawful or infringing purpose.

YOUR OBLIGATIONS:

As a participant in the FCP, you will be asked to register with LearnWorlds. When you do so, you will be responsible for ensuring the accuracy of your registration information and for safeguarding the confidentiality of your username and password (“Credentials”). You must not share your Credentials with any third party, and if you discover that your Credentials have been compromised, you agree to notify us immediately in writing. Email notification will suffice.

You are also obligated to provide accurate billing information. Providing false or inaccurate information, or using the FCP or the LearnWorlds website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

PAYMENT & FEES:

The FCP currently offers one course. The FCP Courses and Fees are:

I) LabX: Extreme Event – Facilitator Certification Program; Cost: $295

Description: Basic certification for new Extreme Event game facilitators that focuses on game mechanics and basic facilitation techniques.

You agree not to use the FCP for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the FCP in any way that could damage the FCP, Services, or general interests of the NAS

a) You further agree not to use the FCP:

I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;

II) To violate any intellectual property rights of the NAS or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.

REVERSE ENGINEERING & SECURITY:

You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the FCP or Website;

b) Violate the security of the FCP or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

DATA LOSS; NO WARRANTIES OR LIABILITY:

NAS does not assume or accept responsibility for the security of your account or content. You agree that your participation in the FCP is at your own risk. We are not liable for any damages that may occur to you as a result of your participation in the FCP or your use of the Website, to the fullest extent permitted by law.

The FCP is provided for informational purposes only. You acknowledge and agree that any information posted in the FCP, in the Course Materials or Game Materials, or on the FCP Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the FCP is at own risk. We do not assume responsibility or liability for any advice or other information given in the FCP, in the Course Materials or Game Materials, or on the Website.

You agree that your participation in the FCP is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH FCP AND THIS WEBSITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ACADEMIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE.

INDEMNIFICATION:

You agree to indemnify NAS and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your participation in the FCP, your use or misuse of the FCP Website, your breach of this Agreement, or your conduct or actions.

MODIFICATION & VARIATION:

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

SERVICE INTERRUPTIONS:

We may need to interrupt your access to the FCP to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the FCP and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.

TERMINATION:

We may cease to continue to offer the FCP and your participation in the FCP at any time for any reason, with or without cause. We specifically reserve the right to terminate your participation if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.

If NAS discontinues the FCP during your participation, NAS may provide you a refund of some or all of your course payment. If NAS terminates your participation for cause or you withdraw for the FCP, please be advised you will not be entitled to any refund.

JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the FCP, you agree that the laws of District of Columbia shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: United States, District of Columbia. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

For any questions or concerns, please email us at the following address: LabX@nas.edu